Robert Thompson v. State

COURT OF APPEALS
SECOND DISTRICT OF TEXAS
FORT WORTH
NO. 02-12-00552-CR
ROBERT THOMPSON APPELLANT
V.
THE STATE OF TEXAS STATE
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FROM THE 367TH DISTRICT COURT OF DENTON COUNTY
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MEMORANDUM OPINION 1
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Appellant Robert Thompson appeals from his conviction for aggravated
assault with a deadly weapon. A jury convicted him of the offense, and the trial
court sentenced him to fourteen years’ confinement. Appellant’s court-appointed
appellate counsel has filed a motion to withdraw as counsel and a brief in support
of that motion. Counsel’s brief and motion meet the requirements of Anders v.
1
See Tex. R. App. P. 47.4.
California 2 by presenting a professional evaluation of the record demonstrating
why there are no arguable grounds for relief. Appellant filed a pro se response to
the Anders brief raising three issues; the State did not respond.
After an appellant’s court-appointed counsel files a motion to withdraw on
the ground that the appeal is frivolous and fulfills the requirements of Anders, this
court is obligated to undertake an independent examination of the record. 3 Only
then may we grant counsel’s motion to withdraw. 4
We have carefully reviewed counsel’s brief and the record. We agree with
counsel that this appeal is wholly frivolous and without merit; we find nothing in
the record that arguably might support the appeal. 5 Accordingly, we grant
counsel’s motion to withdraw and affirm the trial court’s judgment.
PER CURIAM
PANEL: DAUPHINOT, MEIER, and GABRIEL, JJ.
DO NOT PUBLISH
Tex. R. App. P. 47.2(b)
DELIVERED: February 20, 2014
2
386 U.S. 738, 87 S. Ct. 1396 (1967).
3
See Stafford v. State, 813 S.W.2d 503, 511 (Tex. Crim. App. 1991); Mays
v. State, 904 S.W.2d 920, 922–23 (Tex. App.—Fort Worth 1995, no pet.).
4
See Penson v. Ohio, 488 U.S. 75, 82–83, 109 S. Ct. 346, 351 (1988).
5
See Bledsoe v. State, 178 S.W.3d 824, 827–28 (Tex. Crim. App. 2005).
2